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Criminal Trover in the First Degree — C.G.S. § 53a-126a
Introduction
“Criminal trover in the first degree” targets situations where someone uses another person’s motor vehicle without consent and that use causes damage, diminishes value, or sticks the owner with economic loss (tickets, towing, storage, impound fees). These cases often look like “short rides” with broken windows or a punched ignition—and then the owner gets the bills.
The Law — C.G.S. § 53a-126aA person is guilty of criminal trover in the first degree when they use another’s motor vehicle without the owner’s consent and, as a result of that use, (a) cause damage to the vehicle, (b) diminish its value, or (c) subject the owner to economic loss, a fine, or a penalty. Classification:Class D felony (elevates to Class C felony for subsequent offenses).
Penalties- Class D felony (first offense): up to 5 years in prison; fine up to $5,000; probation possible.
- Class C felony (subsequent): up to 10 years in prison; fine up to $10,000; probation possible.
- Collateral issues: restitution, insurance complications, driver’s record concerns, and potential companion charges.
Someone breaks a window, punches the ignition, and takes the car for a ride. It’s returned with bumper damage and a storage bill. Unauthorized use + damage/economic loss fits first-degree trover.
2) Window Smash and Parking Ticket (Chargeable Under § 53a-126a)After a window is broken for entry, the car is moved and left in a tow zone. A ticket and tow/storage fees hit the registered owner. Unauthorized use + owner penalty qualifies.
3) Steering Column Torn; Repair Estimate Only (Chargeable Under § 53a-126a)The column is ripped to start the car; it’s driven a short distance and returned. Even without a crash, repair costs and diminished value satisfy the statute.
4) Borrowed With Keys; Returned Undamaged (Not Chargeable Under § 53a-126a)A roommate takes the car with keys, returns it undamaged, and the owner suffers no ticket or fee. This does not meet first-degree trover (no lack of consent or no loss). Note: if there truly was no consent but still no damage or loss, other statutes (e.g., unauthorized use/tampering) may apply, but not § 53a-126a.
Related Offenses (Similar Crimes With Statutes)- Criminal Trover in the Second Degree— C.G.S. § 53a-126b (unauthorized use of personal property causing loss/damage; Class A misdemeanor)
- Using Motor Vehicle/Vessel Without Owner’s Permission; Interfering/Tampering— C.G.S. § 53a-119b
- Larceny of a Motor Vehicle— C.G.S. § 53a-119c
- Robbery Involving an Occupied Motor Vehicle— C.G.S. § 53a-136a (far more serious)
- Criminal Mischief (property damage)— C.G.S. §§ 53a-115– 53a-117 (possible companion counts)
- Consent / claim of right: A reasonable belief you had permission defeats the “without consent” element.
- No damage or economic loss: If the State can’t prove damage, diminished value, or owner loss (tickets/fees), § 53a-126a doesn’t fit.
- Identity & proof gaps: Weak video, inconsistent eyewitnesses, no forensic tie to the entry/ignition damage.
- Overcharge / wrong statute: Facts may align better with § 53a-119b (unauthorized use/tampering) or § 53a-126b (trover second degree).
- Suppression issues: Unlawful stop/search can exclude key evidence.
For many first-time offenders, Connecticut’s Accelerated Rehabilitation (AR) program may be available. If the judge grants AR and you complete the conditions, the case can be dismissed and erased. Eligibility is discretionary, so we’ll confirm if AR is the right fit or if a different path makes more sense.
FAQs About C.G.S. § 53a-126a1) What Makes This “First Degree”?It’s specific to motor vehicles and requires unauthorized use plus damage, diminished value, or owner loss.
2) Do I Need to Have Crashed the Car?No. Repair costs, a torn column, or tickets/tow fees to the owner can be enough.
3) Is Breaking a Window Required?No. Force is common in these cases, but the statute turns on unauthorized use and resulting loss/damage.
4) What if I Thought I Had Permission?A good-faith consent belief can defeat the charge; texts or prior lending history help.
5) How Is This Different From Stealing a Car?Larceny targets theft of the vehicle. Trover targets use without consent that causes damage or economic loss.
6) Can This Be Reduced to a Misdemeanor?Often, yes—especially if loss is minimal or consent is murky. We push for § 53a-119bor § 53a-126b when the facts fit.
7) Will Restitution Help?Yes. Prompt restitution/repairs often drive charge reductions and better dispositions.
8) What Are the Max Penalties?First offense: up to 5 years and $5,000. Subsequent: up to 10 years and $10,000.
9) Should I Speak to Police to “Clear Things Up”?No. Statements about how you got in, whether you had keys, or what was damaged can cement the case. Talk to counsel first.
10) What Should I Bring to My Lawyer?Photos, repair estimates, tickets/impound bills, insurance letters, and any messages with the owner.
Take Action Now!With trover cases, details decide the outcome: consent, identification, and proof of loss. Bring me the repair estimates, tow/storage receipts, ticket notices, photos, and any texts. I’ll move quickly to challenge the elements, line up restitution, and push the charge down—or out. Call (203) 357-5555 or reach me through the contact page for a confidential case review today.
